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Home My WebLink AboutContract 33383 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.3111�' WHEREAS, Kimball Hill Chadwick Farms, LP, hereinafter called "Developer", desires to make certain improvements to Chadwick Farms, Section IV, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Contract as if copy herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section ii, paragraph 7 of the Policy. F. The contracts for the construction of the public infrastructure shall be administered in confonnance with paragraph 8, Section II, of the Policy. 1 UK 03-30-05 AJ3 : 1 : IIV G. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such iniuries, death or damakes are cattsed, in whole or in part, by the alleged nexlixence of the City of Fort Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). J. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). K. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof. Water (A) None; Sewer (A-1) None; Paving (B) Attached; Storm Drain (B-1) Attached; Street Lights and Signs (C) Attached. N. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. II. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, BI, and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of"current improvements" and shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, Bl, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $1,008,637.45. SUMMARY OF COST Chadwick Farms Section IV Item Developer City Cost Total Cost Cost A. Construction 1. Streets $692,613.25 - $692,613.25 2. Storm Drainage $183.540.00 - $183.540.00 3. Street Lights $77,220.00 - $77,220.00 4. Street Name Signs $2,695.00 - $2,695.00 B. Engineering Design - -C. Construction Engineering and Mana ement by DOE 4% $35,046.13 - $35,046.13 D. Materials Testing by DOE (2%) 1 $17,523.07 1 $17,523.07 TOTALS $1,008,637.45 - $1,008,637.45 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. ar IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affix and d Dey toper has executed this instrument in triplicate, at Fort Worth, Texas this thay o sa , 2006. CITY OF FORT WORTH Approval Recommended�r—;� By: By: Robert Goode, P.E., Director Marc . Ott Transportation and Public Works Assistant City Manager Approved as to Form and Legality: By: 4/0 4,�"'5�� , ;,,�4 Assistant Attorney ATTEST: NO M&C !RE(?UIRLE By: Marty Hendrix City Secretary DEVELOPER Kimball Hill Chadwick Farms, LP a Texas limited partnership By: Kimball Hill Homes Dallas, LP a Texas limited partnership, its general partner By: Kimball Hill Homes Dallas Operations, LLC Its general pa ner B y: Samuel L. Wys , III, Vice President ATTEST: BA Secretary ENGINEER'S OPINION OF PROBABLE COST Date: 12/19/2005 Project: Chadwick Farms, Section IV Client: Kimball Hill Homes Job No: 9933 Location: Fort Worth, Texas Page: 1 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Paving Facilities 1. 6" Reinforced Conc. Pavement S.Y. 25,130 $22.00 $552,860.00 2. 6" Subgrade Preparation S.Y. 28,397 $2.25 $63,893.25 3. Hydrated Lime 27#/SY Ton 384.0 $105.00 $40,320.00 4. Barrier Free Ramps Ea. 20 $450.00 $9,000.00 5. End of Road Barricade L.F. 116 $50.00 $5,800.00 6. Construct Concrete Header L.F. 116 $50.00 $5,800.00 7. Connect to Concrete Header L.F. 58 $50.00 $2,900.00 8. 4' Sidewalk L.F. 860 $14.00 $12,040.00 Paving Subtotal $692,613.25 10% Contingency $69,261.33 Paving Total $761,874.58 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. qn� , ENGINEER'S OPINION OF PROBABLE COST Date: 12/19/2005 Project: Chadwick Farms, Section IV Client: Kimball Hill Homes Job No: 9933 Location: Fort Worth, Texas Page: 2 of 3 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Storm Drain Facilities 1. 10' Curb Inlet Ea. 5 $2,200.00 $11,000.00 2. 15' Curb Inlet Ea. 8 $3,200.00 $25,600.00 3. 48" R.C.P. L.F. 480 $110.00 $52,800.00 4. 33" R.C.P. L.F. 39 $58.00 $2,262.00 5. 30" R.C.P. L.F. 706 $52.00 $36,712.00 6. 27" R.C.P. L.F. 521 $48.00 $25,008.00 7. 24" R.C.P. L.F. 99 $44.00 $4,356.00 8. 21" R.C.P. L.F. 102 $40.00 $4,080.00 9. 48" Sloped End Headwall Ea. 1 $3,000.00 $3,000.00 10. 30" Sloped End Headwall Ea. 2 $2,500.00 $5,000.00 11. 27" Sloped End Headwall Ea. 1 $2,400.00 $2,400.00 12. Connect To Existing Ea. 4 $500.00 $2,000.00 13. Rock Rip-Rap S.Y. 25 $35.00 $875.00 14. Gabion Mattress S.Y. 100 $65.00 $6,500.00 15. Trench Safety L.F. 1,947 $1.00 $1,947.00 Storm Drain Subtotal $183,540.00 10% Contingency $18,354.00 Storm Drain Total $201,894.00 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 9 EA $ 2, 600 $23, 400 . 00 MID-BLOCK RESIDENTIAL 13 EA $ 2, 600 $33, 800 . 00 CHANGE OF DIRECTION RESIDENTIAL 5 EA $ 2, 600 $13, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 600 $00, 000 . 00 MID-BLOCK ARTERIAL 0 EA $ 3, 000 $00, 000 . 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3, 000 $00, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $00, 000 . 00 Subtotal $70, 200 . 00 City' s Cost $00, 000 . 00 Developer' s Subtotal $70, 200 . 00 loo Contingencies $7, 020 . 00 Project Total $77, 220 . 00 Adjacent Developer' s Cost $00 . 000 . 00 Cro.`.at : 77 ,20 . 00 CFA CODE #2005169 DEVELOPERS COST: $77,220.00 CHADWICK FARMS-SECTION IV January 9, 2006 Fort Worth, Texas February 6, 2006 PAGE / OF EXHIBIT "C" II STREET LIGHTS WORK DESCRIPTION: 1 . The Developer shall provide for the installation of street lights at the approximate locations shown in exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. 2 . Streetlights on residential and/or collector streets can be installed using overhead or underground conductors with the approval of the director of transportation and Public Works. 3. The City of Fort Worth will install all the street lights that use overhead or underground conductors on residential, and collector streets. The developer agrees to pay the City of Fort Worth the amount shown below prior to the City starting its design efforts, at the option of the developer and at their expense they may purchase the poles, fixtures, and mast arms from the City in order to assure compliance with city material standards 4 . Street lights on arterial streets shall be installed with underground conductors 5. The developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operations of the street light system 6. The estimated cost of this street light installation is detailed on page (1) of exhibit "C" and is summarized below. The street lights will remain the property of, and will be maintained by the City of Fort Worth January 9, 2006 DEVELOPERS COST: $77 ,220. 00 CHADWICK FARMS-SECTION IV CFA CODE #2005169 PAGE /l OF EXHIBIT "C" I I// "STREET LIGHTS" INTERSECTIONS LANDING CREEK IN & WHEELHORSE TRL 1 LANDING CREEK IN & GATEHOUSE DR 1 LANDING CREEK IN & SHRIKETRAIL 1 LANDING CREEK IN & KNIGHTERRANT 1 LANDING CREEK IN & RINGDOVE WAY 1 MAYFLOWER CT & RINGDOVE WAY 1 MAYFLOWER TRL & SHRIKETRAIL 1 WHEELHORSE TRL & GATEHOUSE DR 1 SHRIKETRAIL & RINGDOVE WAY 1 MID BLOCK LANDING CREEK LN 4 WHEELHORSE TRL 5 GATEHOUSE DR 1 SWETTPINE IN 1 RINGDOVE WAY 1 MAYFLOWER CT 1 CHANGE OF DIRECTIONS WHEELHORSE TRL 1 SWEETPINE LN 1 MAYFLOWER CT 1 GATEHOUSE DR 1 RIDGEDOVE WAY 1 CHADWICK FARMS-SECTION IV PAGE III OF EXHIBIT "C" � � „f g�7 �, Iv STREET NAME SIGNS 1. The City of Fort Worth will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of $245.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3. This development creates the following eleven (11) intersections at a cost to the Developer of $2,695.00: Landing Creek Lane & Knighterrant Landing Creek Lane & Gatehouse Dr Landing Creek Lane & Wheelhorse Tr Landing Creek Lane & Spike Tr Landing Creek Lane & Ringdove Way Landing Creek Lane & Wheelhorse Tr Wheelhorse Tr & Gatehouse Dr Ringdove Way & Mayflower Ct Ringdove Way & Spike Tr Mayflower Tr & Spike Tr Spike Tr & Sweetpine Lane Chadwick Farms Section 4 CFA code: 2005169 January 9, 2006 i2' v tl' L . N N6R T.,1,11 1111'– – LIMIT WE c 5w SITE LOCATION � NORTHLA�E E T J � aTt of ',FORT WORTH _emetery /. CHADWICK IF,41f'M5 ;) r,E .E LIT b�Y RUC•.0 �__ VICINITY -M- AP I i^1 N.T.S. CJTH7AD 'v�i �C�� FAIU�S `)IN HV J) E(C T H�(,U LGICATED IN CETY OF FORT WOR 1L H9 =XAAS `vfYd ;.'_'� ? OWNED/DEVELOPED BY: ra PREPARED BY: zzgg Kimball Hill Homes GODW t Tg 7 U� ARS WALL 3019 LBd FREEWAY SUITE 1100 CIVIL ENGINEERS—PLANNERS—SURVEYORS DALL , TEYAS 75234 Ft.- 1972 1 461-2214 2405 Mustang Drive,Grapevine,Texas 76051 For 197^1 243-3189 DECEMBER, 2M Metro(817)329-4373 F \9933\p1on; 2005\SeChon 4\chodwlck secllon 4 - CFA.pro Wed Dec 14 11 11 27 C005 m r U ¢ T � 0 o � � � n T ^� S v] -mss ¢ LF) �� Z N o a m G C3)O U nN rA I F n WLU m O r N m wav , >rn r . ra-- CD cr co W96 m 7 z C C ® •I Ea U� " > _ 11% .. 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